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IrisHope
03-08-2006, 07:35 AM
Anna Nicole Smith's Supreme Fight
Justices Hear Celebrity's Bid for Cut of Late Husband's Riches

By Charles Lane
Washington Post Staff Writer
Wednesday, March 1, 2006; Page A01

Anna Nicole Smith had her day in the Supreme Court yesterday. But to the palpable frustration of a media throng, she kept it low key.

Fully clothed in black, the 38-year-old former Playboy Playmate of the Year sat quietly in the back of the courtroom, listening intently to lawyers' arguments before exiting without comment through a side entrance.

Dressed in all black, Anna Nicole Smith fights her way through a throng of photographers and autograph-seekers on her way to a Supreme Court showdown in her bid to inherit her late husband's fortune. (Manuel Balce Ceneta - AP)

Millions know her as the star of her own eponymous reality show on the E! cable channel, as a columnist for the National Enquirer and as a pitchwoman for TrimSpa diet pills.

But her persona yesterday was that of the Widow Marshall, aggrieved spouse of the late Texas oil plutocrat J. Howard Marshall II -- whom she wed in 1994, when she was 26 and he was 89. He died the following year. According to Anna Nicole, J. Howard intended to give her tens of millions of dollars from his estate, but his plan was fraudulently thwarted by his son, Pierce, who wanted the old man's money for himself. She has been fighting Pierce ever since.

Sober as always as they wrestled with the legal dispute at hand, the justices nevertheless seemed aware of stepping into an epic soap opera of the kind that could have happened only in Texas. The battle between Anna Nicole and Pierce "is quite a story," as Justice Stephen G. Breyer observed.

Chief Justice John G. Roberts Jr. noted that the case "involved a substantial amount of assets," presumably not intending any double entendre in the case of a woman who last year stripped to the waist at the MTV Australia Video Music Awards, revealing breasts covered with the MTV logo.

For his part, Pierce, 67, says that he did nothing wrong and that his stepmother is a frustrated gold digger who lost her case in a Texas court -- and is now shopping for a favorable new forum in the federal courts as if she were at Neiman Marcus.

For the Supreme Court, the nub of the problem is that different courts have come down on opposite sides of the case. A federal bankruptcy judge and federal district judge in California both ruled for Anna Nicole, with the latter awarding her $88 million in 2002. But a Texas probate court had ruled in favor of Pierce in 2001.

The San Francisco-based federal appeals court ruled last year that the Texas court's decision should trump because matters having to do with wills and estates, or probate, as the lawyers call it, belong exclusively in the state courts. Anna Nicole's claims are just a dressed-up attempt to refight a settled will contest, the appeals court ruled.

But based on their questions and comments yesterday, the justices seem to see things Anna Nicole's way.

Her claim that Pierce interfered with what she says was J. Howard's promised gift of a sizable inheritance in return for marrying him is a separate legal claim she could, indeed, take to federal court without violating the longstanding but vaguely defined general rule against federal court intervention in probate cases, several justices suggested.

"She's saying, 'I just want some money from this guy,' " Justice David H. Souter said, cutting to the chase. "That's all she's saying. 'I'll assume the will is valid; just give me some money.' "


http://www.washingtonpost.com/wp-dyn/content/article/2006/02/28/AR2006022800142.html?nav=rss_print/asection

IrisHope
03-08-2006, 08:05 AM
I personally think she's gross but if he put on her on his will maybe she deserved it.

PG-rated
03-08-2006, 08:59 AM
The whole issue is that she's not in the will; she's claiming that his son conspired to keep her out of the will, and that her husband always intended to leave her part of his estate.

kris97
03-08-2006, 09:06 AM
It's always frustrating to see non-legal news sources cover the judiciary, but this case in particular irks me, because it's so not about Anna Nicole Smith's D-list celebrity or even the specifics of the will-battle, but about the jurisdiction of the federal courts and whether they are precluded from hearing probate matters -- which is much less sexy than the size of the breasts. I mean, really, is this a necessary part of an article examining the Supreme Court's argument:

Chief Justice John G. Roberts Jr. noted that the case "involved a substantial amount of assets," presumably not intending any double entendre in the case of a woman who last year stripped to the waist at the MTV Australia Video Music Awards, revealing breasts covered with the MTV logo.

I thought the Washington Post was better than this kind of tripe.

jnettie
03-08-2006, 10:06 AM
I haven't paid particularly close attention to the case, so I have a question:

Did the Will specify that Anna Nicole should get nothing? I know that my Dad and Stepmom were very specific about their will that Stepmom's brother should get nothing from them if they die before him. Because unless it's specifice, the spouse of the deceased is certainly usually entitled to some of the inheratance, no?

IrisHope
03-08-2006, 10:17 AM
PH-Rated, I thought she was on the will but her son was fighting saying he wasn't in his right mind when he added her.

Kris, you're right about that. I guess the whole thing is making the news because of her "assets".

PG-rated
03-08-2006, 01:46 PM
No, she wasn't in the will. Her claim is that he promised to take care of her after his death, but there's no legal document that says that.

IrisHope
03-08-2006, 01:49 PM
Oh! That changes everything!

jnettie
03-08-2006, 02:02 PM
So, she wasn't specificly excluded then? Well, it is complex, now, isn't it?

Yet more reasons I'm glad I'm not rich.